These Terms of Service (“Terms”) govern access to and use of the Malmo Marine platform (the “Platform”), operated by Malmo Marine Limited (“Malmo Marine”, “we”, “us”, “our”). By creating an account or otherwise using the Platform, you agree to be bound by these Terms. If you do not agree, you must not use the Platform.
Our Privacy Policy explains how we collect, use, and store personal information, and forms part of these Terms by reference.
These Terms apply to all users of the Platform, including:
The Platform is operated by a New Zealand company and is tailored to the New Zealand maritime industry. Account registration is not geographically restricted, and the Platform may be accessed and used by individuals outside New Zealand. These Terms, and New Zealand law, apply to your use of the Platform regardless of where you access it from.
Seafarer profile data belongs to the seafarer. A seafarer may access, export, and delete their own profile data at any time through the Platform, in accordance with our Privacy Policy.
By creating a profile, a seafarer grants Malmo Marine a limited licence to host, store, and display their profile information for the purpose of operating the Platform, including making relevant profile information visible to recruiters and employers as described in these Terms. This licence ends when the seafarer’s profile is deleted, subject to the retention periods described in the Privacy Policy.
Seafarers are responsible for the accuracy of the information and documents they upload, including certificates and sea service history.
Each seafarer owns, and is solely responsible for, the content they upload to the Platform. By uploading any document, image, or other content, a seafarer warrants that they lawfully own or hold the necessary rights to that content, and that the content does not violate any law, including any content that is illegal to possess or distribute in New Zealand or any other applicable jurisdiction. Malmo Marine does not review uploaded content for legality prior to upload and accepts no liability for content uploaded by users.
As part of onboarding, Malmo Marine carries out a manual visual review of certificates and documents uploaded by seafarers, to check that documents are not obviously altered or falsified. Profiles that have undergone this review may display a “Reviewed” indicator.
This review does not involve confirmation with the relevant issuing authority (e.g. Maritime New Zealand or an equivalent body) that a certificate is genuine, current, or valid. The “Reviewed” indicator reflects only that Malmo Marine has performed the limited visual check described above. It is not a representation, warranty, certification, or guarantee of any kind — by Malmo Marine or any other party — that a credential is authentic, current, unaltered, or that the holder is qualified, competent, or fit for any particular role.
Recruiters and employers must not rely on a “Reviewed” indicator, or on any credential, document, or information displayed on the Platform, as a substitute for their own independent verification. To the maximum extent permitted by law, Malmo Marine excludes all liability arising from reliance on a “Reviewed” indicator or on any credential, document, or information displayed on the Platform, including where a credential later proves to be inaccurate, expired, or fraudulent. This exclusion applies in addition to, and does not limit, the general disclaimers and limitation of liability in sections 13 and 14.
Recruiters and employers remain solely responsible for independently verifying a seafarer’s credentials, qualifications, and suitability for a role, including directly with the relevant issuing authority, before making any engagement, employment, or placement decision.
Recruiters and employers are granted a limited, non-exclusive, non-transferable licence to access and use seafarer profile information made available to them through the Platform, solely for the purpose of identifying and evaluating seafarer talent for legitimate recruitment or employment purposes.
The Platform provides an “Export CSV” function and a “Compliance Snapshot” function, allowing recruiters and employers to export or summarise seafarer profile data made available to them. Use of these functions is permitted under these Terms, subject to the restrictions below.
A seafarer’s direct contact details (email address and phone number) are not displayed on the Platform. A recruiter or employer can obtain them only through the Contact Unlock process:
Where the Fee Schedule provides for a credit (for example, where released contact details prove invalid), the credit is applied at the invoice stage of a future Contact Unlock. Malmo Marine may decline to release contact details, or suspend access to the Platform, where a fee remains unpaid.
Recruiters and employers must not:
Seafarers should be aware that data included in an export may continue to exist outside the Platform (for example, in a recruiter’s own records) even after the seafarer deletes their Malmo Marine profile. Recruiters and employers remain bound by the obligations in this section in respect of any exported data, regardless of the seafarer’s later account status.
The Contact Unlock Fee is the only fee Malmo Marine charges. It is set out in our Fee Schedule, which is made available on the Platform or provided directly to the account holder, and forms part of these Terms by reference. We may change our fees, or introduce new paid services, on notice in accordance with section 18. Fees are payable by the recruiter or employer only; consistent with Maritime Labour Convention, 2006 Standard A1.4, no seafarer is ever charged a fee, directly or indirectly, in connection with obtaining work through the Platform.
The Platform is free for seafarers to use, including free access to and export of their own profile data.
The Contact Unlock Fee is invoiced directly to the recruiter or employer once the seafarer has accepted a contact request, and contact details are released only after the invoice is paid (see section 8). Credits are applied as set out in the Fee Schedule. No third-party card payment processor (such as Stripe or PayPal) is in use at this time.
Payment terms (including due date) are set out on each invoice as issued. Where an invoice does not specify a due date, payment is due within 20 working days of the invoice date.
When using the Platform, you must not:
We may investigate suspected breaches of this section and may suspend or terminate accounts involved.
If we reasonably believe a user has breached these Terms — including uploading fraudulent credentials or misusing another user’s data — we may, at our discretion:
Where reasonably practicable, we will notify the affected user of the action taken and the reason for it. Users may appeal a suspension or termination by contacting us using the details in section 19.
The Platform, including its design, software, branding, and underlying technology, is owned by or licensed to Malmo Marine and is protected by intellectual property laws. These Terms do not grant you any rights to Malmo Marine’s intellectual property except the limited right to use the Platform as set out in these Terms.
Seafarers retain ownership of the content they upload (including certificates and photos), subject to the licence granted to Malmo Marine in section 6 to host and display that content for the purpose of operating the Platform.
The Platform is provided on an “as is” and “as available” basis. To the maximum extent permitted by law, Malmo Marine makes no warranty that:
Malmo Marine is not a party to, and accepts no responsibility for, any employment, engagement, or placement arrangement entered into between a seafarer and a recruiter or employer.
Nothing in these Terms excludes, restricts, or modifies any right or remedy available to a user under the Consumer Guarantees Act 1993, the Fair Trading Act 1986, or any other New Zealand enactment, to the extent that right or remedy cannot lawfully be excluded, restricted, or modified.
To the maximum extent permitted by law, Malmo Marine’s total liability to any user arising out of or in connection with these Terms or use of the Platform is limited as follows:
Malmo Marine’s total liability is limited to the greater of: (a) the total fees paid by that user to Malmo Marine in the 12 months preceding the event giving rise to the claim; and (b) NZD $1,000
You agree to indemnify and hold Malmo Marine harmless from any claim, loss, or damage arising from your breach of these Terms, your misuse of the Platform, or content you upload to the Platform, except to the extent caused by Malmo Marine’s own negligence or breach of these Terms.
You may close your account at any time through the Platform. Upon closure, your account will be marked for deletion, and can be reinstated within 30 days. It is then handled in accordance with the retention periods set out in our Privacy Policy.
We may suspend or terminate your access to the Platform for breach of these Terms, or where reasonably necessary to protect the security or integrity of the Platform, on notice where reasonably practicable.
These Terms are governed by the laws of New Zealand. Users submit to the exclusive jurisdiction of the courts of New Zealand in relation to any dispute arising from these Terms or use of the Platform, and agree not to bring any such dispute in the courts of any other jurisdiction.
We may update these Terms from time to time. Material changes will be notified to users through the Platform or by email. Continued use of the Platform after changes take effect constitutes acceptance of the updated Terms.
For questions about these Terms, contact:
Malmo Marine Limited, 627 Waitao Road, Tauranga 3175, New Zealand
Email: legal@malmomarine.co.nz